Alloura Waters Retirement Village Residents Committee v Living Choice Australia Pty Ltd [2014] NSWCATCD 68

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Alloura Waters Retirement Village Residents Committee v Living Choice Australia Pty Ltd [2014] NSWCATCD 68 Hearing dates: 21 March 2014 & 28 April 2014 Decision date: 01 July 2014 Before: D Charles, General Member Decision: The Tribunal notes the concessions made by the respondent, without admission, in respect of particular items in the Claims Schedule totalling the amount of $4,593.83, and further notes that the respondent has credited back such amount through the 30 June 2013 proposed annual budget; The Tribunal finds that such concessions were properly made by the respondent and that they relate to items in dispute which are correctly characterised as capital replacement and therefore payable by the respondent; In respect of all other items in dispute as set out in the Claims Schedule, the Tribunal finds Items D-5 (Guttering in the amount of $4,225.00) and D-13 (installation of Flashing in the amount of $3,014.00) only are capital replacement items which are payable by the respondent; The Tribunal directs that the costs of Items D-5 and D-13 (an amount totalling $7,229.00) are to be credited back to the applicant in the same way that the Operator has effected a crediting back of costs totalling $4,593.83 in respect of conceded items; The application is otherwise dismissed. Catchwords: Retirement Villages - whether the Village Operator is obstructing the Residents' Committee

Whether recurrent charges in annual budgets should be refunded to residents

The characterisation of expenditure for repairs and maintenance and replacement